British justice of the peace

2018-10-23 来源: 51due教员组 类别: 更多范文

下面为大家整理一篇优秀的assignment代写范文- British
justice of the peace，供大家参考学习，这篇论文讨论了英国的治安法官制度。英国的治安法官由最初颇具行政色彩的地方官吏，历经变迁，逐步成长为具有现代化基层司法模式的典范，在英国当前基层司法中作用突出。在治安法官职能逐渐交由新设立的各级地方委员会行使，同时民事案件的管辖权也归入经改造后的郡法院行使，使得治安法官最终蜕变成为纯粹的司法官员。所以经过司法改革，治安法官的行政权随着一部分归入中央机关，一部分则由改革后新设的地方各级委员会行使而归于消灭。

English
magistrates' justice of the peace has gradually grown into a model of modern
basic judicial mode through vicissitude, which plays a prominent role in the
current basic judicial system in Britain. The basic judicial mode in China is
quite similar to that in the United Kingdom. Therefore, our country can draw on
the British experience and carry out reform from the three aspects of judge
separation, function differentiation and definition of basic judicial
responsibility, so as to achieve the modern transformation of basic judicial
mode.

The
modern English justice of the peace originated in the term of a sheriff. Since
the end of the 12th century, in order to curb social unrest, stabilize social
order and maintain the stability of their rule, the dynastic rulers, on the
basis of the original joint security system, appointed local knights to assist
the sheriff to maintain public order, so as to make up for the deficiencies of
the original mechanism, which was the origin of the public security maintainer.
The four knights in each neighborhood are called vigilantes. It was originally
temporary and did not form a fixed system, and its functions were mainly
administrative and military. With the political situation and the relative
stability of social security, while being endowed with the judicial power to
judge felons, the appellation was changed to a justice of the peace, which
first appeared in 1361. The first chapter of the Edward iii thirty-four act,
enacted that year, gave magistrates the power to try felons, giving them the
more respected title of "justice of the peace." The transformation of
a magistrate into a justice of the peace brings not only a change of name, but
more importantly a justice of the peace has a broader judicial function than
the former. At the height of the development of the justice of the peace in the
time of the tudors, Henry vii set out to use the support of the justice of the
peace to maintain his rule and to give them a wider range of functions. In
addition, the central government also promulgated a large number of criminal
legislation to improve the status of magistrates, and by the 15th century,
magistrates' organizations had become the most efficient and powerful judicial
administrative organs in the local area. In the English judicial reform in the
19th century, with the enactment of the local government act of 1888, the
administrative functions of magistrates were gradually transferred to the newly
established local councils. At the same time, the jurisdiction of civil cases
was relegated to the repurposed county courts, allowing magistrates to
eventually degenerate into purely judicial officers. At the same time, the
reform of the police system deprives the jurisdiction of the justice of the
peace, makes the duty of the justice of the peace more focus on simple criminal
cases, and the court of the peace composed of the justice of the peace has
accordingly become the most basic jurisdiction court of criminal cases. To sum
up, after judicial reform, the executive power of magistrates has been
abolished as part of the central organs and part of the newly established local
committees.

Faced
with the administrative shrinking of the justices of the peace in the
19th-century reforms, maitland once said: "their prospects are bleak. If
magistrates are deprived of the functions of government, will they continue to
be judges?" Now it seems to us that the decline of the administrative
function of magistrates has not made them incapacitated, but has made them more
modern judges. They become a British judicial activities of physically, now in
civil proceedings is not located in the British citizens often come into
contact with the high court in London, but distributed around in public
security court or the county court, they mainly deal with simple the trial of
criminal cases, at the same time the magistrates in the case of pretrial plays
an important role. Not only that, it also serves as a secondary duty for a
royal court judge after a justice of the peace transfers the case to a superior
court, the crown court. For the cases transferred and the cases from the
magistrates' court, the magistrates are part of the royal court, a professional
judge sitting with no less than two and no more than four amateur judges. In
today's Britain, the justice of the peace has undoubtedly played a leading role
in judicial practice, both in terms of the number of people and the number of
cases handled. They come from the grassroots and act as the lowest-level
adjudicators of cases in the UK.

Master
the local knowledge that professional judges do not have, and can flexibly use
universal concepts, local customs, moral concepts and social experience to
flexibly handle disputes in the handling of simple cases. They mainly aim at
solving disputes.

Scholars
praise the value of justices of the peace. In the early 17th century, Lord
justice kirk said, "the justice of the peace, if properly run, is unique in
the entire Christian world." And Thomas Skyrme said: "no country can
design a smarter, gentler system than the British justice of the peace system,
using this more humane approach to rule people." Based on the fact that
justices of the peace take on more than 97 percent of criminal cases in summary
or pretrial trials, some scholars say, "if the British criminal justice
system were supported only by professional judges, it would be immediately
paralyzed." The justice of the peace system, with its unique nature and
composition structure, has become a mediator between the central royal power
and the local noble autonomy in the UK. To some extent, it not only monitors
the royal power, but also guarantees the local independence to a large extent,
thus forming the distinctive local autonomy rule in the UK. At the same time,
it also provides a reference for maintaining fairness and justice in a broader
sense and achieving "justice seen by people". Justice of the peace
handles the case fast and convenient, also for the modern society low cost high
efficiency judicial mode construction "gives advice".